Property dispute
Gurchetan singh
(Querist) 25 September 2011
This query is : Resolved
Sir,
With reference to your advise on y case from lawyers club India I am sending an overview of the case.If you could advise me I will be highly obliged.
"This court case pertains to my mother vs my maternal uncle (mother’s brother) & his father in law.
2004-Facts are-My mother is one of two sisters and have one brother.My maternal grandfather had ancestral property which was transferred through a sale deed (without any sale consideration-no proof exists of money transfer) to my maternal uncle by his father in law-on the basis of power of attorney granted by my maternal grandfather. No part was paid to my mother or her sister. Subsequently my maternal uncle sold some of the property but did not pay anything to his sisters. Further he transferred majority of the property again to his father in law on the basis of a POA.
2004-A complaint was made regarding this by my mother u/s 406/420/120-B IPC.Both defendants (my maternal uncle & his father inlaw) have been declared proclaimed offenders now. It is pertinent to mention that both of them have been living in Canada since many years.
Now my queries are-
1. What should be the nest course of action?
2. Can we move an application in the court requesting that previous registries of land be cancelled and my mother’s share be transferred in her name.
3. Can we inform the Canadian high commission/consulate of this case and request them to take note of the fact that these people are proclaimed offenders.
4. Is there anything which we can do to expedite the proceedings?
Any further advise will be highly appreciated.
Regards
Gurchetan Gill
prabhakar singh
(Expert) 25 September 2011
YOU HAVE STATED"".My maternal grandfather had ancestral property which was transferred through a sale deed (without any sale consideration-no proof exists of money transfer) to my maternal uncle by his father in law-on the basis of power of attorney granted by my maternal grandfather. """ BUT IT NEEDS CLARIFICATION::..........????????
WHEN THE SALE WAS MADE,CAN YOU DISCLOSE THE DATE?,IS IT REGISTERED?? AND POA IS ALSO REGISTERED???CAN YOU ATTACH THESE DOCUMENTS???
1. What should be the nest course of action?2. Can we move an application in the court requesting that previous registries of land be cancelled and my mother’s share be transferred in her name.
CONSULT A LOCAL LAWYER AND CONSIDER TO FILE A SUIT OF CANCELLATION OF PROPERTIES SOLD IN UNAUTHORIZED WAY.
3. Can we inform the Canadian high commission/consulate of this case and request them to take note of the fact that these people are proclaimed offenders.
ANSWER: YES YOU CAN.
Raj Kumar Makkad
(Expert) 25 September 2011
Your similar query sent to me as PM has properly been replied by me. Refer to that reply on my behalf.
Gurchetan singh
(Querist) 26 September 2011
Dear Prabhakar sir,
any thanks for your valuable reply.
The sale was made in 2004 and the property transferred.The POA was also registered.
I will send all documents including latest court orders to you soon and get your advise.
thanks and regards
Gurchetan
Gurchetan singh
(Querist) 13 March 2012
Respected Sirs
With reference to the above query there have been some updates.The additional civil judge has dismissed the civil suit under some influence so we are planning to appeal against the judgement.The court case and judgement file has been attached with this message.I would be highly obliged if you experts can help me in this regard.Also I would add that my mother(plaintiff) expired on 29.10.2011.Please help ...
